Action Group on Free Civic Space (AGFCS) is a loose network of individuals and different organizations working on different issues, but collectively committed to defending the civic space in the country.

The Action Group on Free Civic Space (AGFCS) urges the Lagos State Government to uphold impartiality and non-discrimination in its criminal justice administration, especially with respect to the criminal charges brought against Fredrick Nwajagu, aged 67, known as 'Eze Igbo' of Ajao Estate”. Mr. Nwajagu was arrested in April 2023 for allegedly threatening to invite members of the Indigenous People of Biafra (IPOB) to Lagos to protect Igbo properties. This ‘statement’ was made in response to the persistent threats and attacks on Igbos and their properties in Lagos during the Lagos State governorship election in 2023. In a viral 49-second video, Nwajagu called on IPOB to protect Igbo shops and properties against these incessant violent attacks.

Arrested by the Department of State Services on April 1, 2023, Mr. Nwajagu was charged with misconduct likely to cause a breach of peace. The police prosecution claimed that Mr. Nwajagu’s statements inviting IPOB to Lagos contravened Sections 168 (d) and 411 of the Lagos State Criminal Law, 2015. A Lagos magistrate ordered his remand pending legal advice, and the case was adjourned to May 3, 2023. The Lagos State Government later charged him with terrorism under Sections 12(a) (c), 18, 21, and 29 of the Terrorism (Prevention & Prohibition) Act, 2022.

What remains visible in Nwajagu’s case is the glaring shadow of selective application of security laws, inconsistent with the principles of impartiality and non-discrimination. Nwajagu issued the alleged threats in response to the violent attacks on Igbo people in Lagos State by certain persons that remain free till date. These provocative and violent attacks aimed at disenfranchising the targeted ethnic groups and influencing political choices during the 2023 elections in a particular direction. It is absurd that while Nwajagu languishes in prison, the initial attackers have neither been arrested nor prosecuted. In contrast, the Nigeria Police downplayed the initial threats and attacks, dismissing them as a joke.

The Nigerian constitution expressly prohibits discrimination and envisions a society founded on justice, equality, and non-discrimination. Nwajagu’s case not only demonstrates a brazen disdain for constitutional protections, but exemplifies deeply-entrenched application of selective justice and ethnic discrimination in Nigeria’s criminal justice system. The failure to arrest and prosecute those who attacked Igbos in Lagos in the first place, while swiftly arresting and prosecuting Nwajagu, fuels suspicion of ethnic bias. Selective justice undermines the rule of law, breeds resentment, and fuels social strife. The authorities must ensure that all individuals who break the law, regardless of ethnicity or political affiliation, are held accountable.

Therefore, the AGFCS calls on the Lagos State Government to demonstrate impartiality and non-discrimination in its criminal justice administration by withdrawing all charges against Mr. Nwajagu and releasing him, as he has already spent over 15 months in prison awaiting trial. We urge the Governor of Lagos State to direct the Commissioner of Justice and Attorney General to enter a nolle prosequi in the case, ensuring Mr. Nwajagu's immediate release from prison.

Signed:

1. Rule of Law and Accountability Advocacy Centre, Lagos

2. Centre for Community Empowerment in Conflict and Peacebuilding, Kaduna

3. Foundation for Environmental Rights Advocacy and Development FENRAD Nigeria, Abia State

4. Partnership for Social and Environmental Development Initiative- P4SEDI. Cross River State.

5. Centre for Justice, Empowerment & Development (C4J), Port Harcourt, Nigeria

6. Open Society on Justice Reform Project, Lagos

7. Citizen Centre for Integrated Development and Social Rights - CCIDESOR, Imo State

8. Foundation for Livelihood Advancement, Imo State

9. Vision Spring Initiatives, Lagos

10. Ojena Foundation, Imo State.

11. Spaces for Change, Lagos

12. Human Rights Social Development and Environmental Foundation (HURSDEF), Rivers State

13. Centre for Human Rights Advocacy and Wholesome Society (CEHRAWS), Aba, Abia State

14. Global Organization For Youth Enlightenment and Development GOYED, Anambra state.

15. Institutional and Sustainable Development Foundation, FCT Abuja

16. Initiative for Safety Security and Educational Development in Nigeria. IPSSED Network, Enugu

17. Divine Era Development and Social Rights Initiative (DEDASRI), Enugu